Vermont § 1019 - Condemnation; appeals

§ 1019. Condemnation; appeals

• (a) The political subdivision within which the property or nonconforming structure or
  use is located, or the political subdivision owning the airport or served by it, may
  acquire such air right, navigation easement, or other estate or interest in the property
  or nonconforming structure or use in question, as may be necessary, by purchase or
  grant or condemnation in the manner provided under 19 V.S.A. chapter 5 in any case
  in which: (1) it is desired to remove, lower, or otherwise terminate a nonconforming structure or
  use; (2) the approach protection necessary cannot, because of constitutional limitations, be
  provided by airport zoning regulations under this chapter; or (3) to accomplish the purpose of this chapter, it appears advisable that the necessary
  approach protection be provided by acquisition of property rights rather than by airport
  zoning regulations. (b) If the adoption of airport zoning regulations in itself constitutes the taking of
  the property, or of rights in property, of any person, he or she may recover for the
  taking from the city or town in which the airport to which the regulations relate
  is situated, by petition filed in the Superior Court within two years from the time
  when the regulations were recorded, as provided in section 1008 of this title. If the owner of property so taken has applied for a variance within one year after
  the regulations were recorded, and his or her application is in whole or in part denied,
  he or she may file a petition for damages within one year after the mailing to him
  or her of a notice of the denial of his or her application, or within two years after
  the recording of the regulations, whichever period ends later. (c) If any corporation, subject to regulation as a public service corporation pursuant
  to Title 30 or as a common carrier or railroad pursuant to part 3 or 4 of this title,
  is aggrieved by the adoption of airport zoning regulations, or by a direction to lower,
  remove, reconstruct, or equip a structure, or by taking of its property or rights
  in property, or by refusal to grant a variance permit it may, within 30 days after
  the adoption, direction, taking, or refusal, appeal to the Transportation Board and,
  if after notice and a hearing, the Board determines that the public safety, necessity,
  and convenience will be best served by the amendment or annulment of the regulation,
  direction, or taking, it may order the regulation, direction, or taking to be amended
  or annulled or may grant a variance permit as prescribed in sections 1011–1013 of this title. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2017, No. 113 (Adj. Sess.), § 9; 2023, No. 6, § 21, eff. July 1, 2023; 2025, No. 18, § 22, eff. May 13, 2025.)